PEOPLE v. PARCHMENT

2004-05798.

92 A.D.3d 699 (2012)

938 N.Y.S.2d 174

2012 NY Slip Op 986

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER PARCHMENT, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 7, 2012.


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The Supreme Court erred in admitting into evidence a recording of an anonymous 911 emergency call under the present sense impression exception to the hearsay rule. "As generally stated, the present sense impression exception permits a court to admit hearsay testimony of a statement describing or explaining an event or condition made while the declarant was perceiving the event or condition...

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